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Description: In the present paper I attempt to present the ‘Codex of Dositheos’ in the framework of the contents of diocesan codices and their importance as documents of religious, cultural, social, economic, e...

In the present paper I attempt to present the ‘Codex of Dositheos’ in the framework of the contents of diocesan codices and their importance as documents of religious, cultural, social, economic, educational, administrational and juridical history, in general, and in particular, to provide a hint of its specific values in a local context and beyond, bringing forward two case studies: the first related to the involvement of laymen in local Church politics, and the second associated with the instances of divorce at the level of the ecclesiastical province and centre.

Diocesan Codices in Unveiling Local History: First Presentation of The ‘Codex of Gjirokastër’ (S.

Albania)
By Dr. Konstantinos Giakoumis
UNIVERSITY OF NEW YORK IN TIRANA

The understanding of the structure and contents of archival units of a great administrative unit requires a precise knowledge of the latter‟s structure and function. The Church has created and developed the necessary mechanisms for ends, beyond Her metaphysical dimension. It is, therefore, imperative to draw a brief introductory outline of the ecclesiastical structure in the Byzantine and the post-Byzantine periods, in the context of the region of Gjirokastër. Writing in the last decades of the Byzantine Empire, the scholar-monk Joseph Vryennios (1350-1432) considers Constantinople to be the bulwark of Christianity, without which the faith would be shaken and perish1: “so long as the City resists, the faith will remain unshakeable. Were she shaken or conquered, which, my Christ, may not happen! What soul would remain firm in faith?”. History has shown notwithstanding, that neither was the Byzantine control over Constantinople able to contain the process of Islamization in Asia Minor (a process that continued from the 11th to the 15th century2), nor did the Orthodox faith disintegrate after the City‟s fall to the Ottomans. As a medieval Empire, the Ottoman was both theocratic and highly pragmatic. It tolerated faiths other than its own and allowed them to live and function legally. The true origin of Ottoman toleration for Christianity and Judaism must be sought in Islam‟s theocratic precepts: specifically, its theology and law as embodied in the Koran. According to the Islamic faith, this book holds the heavenly revelations received by Mohammed. It links all monotheists to a common fate on the Day of resurrection and beyond3 and it also maintains that there is no compulsion in religion4. Mohammed‟s contract with the Christians of Yemen became the basis of Muslim Ottoman toleration towards their Christians subjects5 — provided that the latter pay a fixed poll tax as a token of submission. It was, therefore, an element in Islamic legal practice 6 that the Christian subjects of a Muslim state could preserve their own religious organisations and traditions. Simultaneously, the highly pragmatic character of the Ottoman state carried this toleration into the realm of political requirements and economic force. At the political level, the Patriarch was reinstated at the strong recommendation of Mehmed II. Moreover, the Orthodox Church gave the authority of the sultan a religious and „God-pleasing‟ dimension. The Church considered the tribulations of the Christians as a divine retribution for their infidelity and in a way secured the western borders of the Empire through its anti-unionist attitude in the potential merger of the Orthodox with the Papist Church7. With respect to economic forces, the Patriarch, the Patriarchate, and its officials became part of the Ottoman administration and were therefore bedecked with privileges because of the economic relations between the Porte and its Christian subjects8. At the same time, the Church incorporated the public functions of the Ottoman state into its religious practice, declaring Ottoman authority as ordained by God 9. It also secured the „natural‟ acceptance of its lot by the Christian subjects of the Ottoman state 10 and condemned those who thought otherwise, this being contrary to the will of God11. Accordingly, the Orthodox patriarchs and the Jewish hahambasi became rulers of their people, where „people‟ meant, as in medieval times, a religious, not a national, group. It is precisely for this reason that the various Balkan peoples, Slavs, Albanians and Greeks, were joined together into one „millet‟. The Ottomans did not interfere in the internal organisation of the Church. Throughout the occupation, ecclesiastical differentiation of regions of Epiros and Southern Albania continued to exist, as before, at two, local, ecclesiastical jurisdictional levels under the Ecumenical

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Finally. which. Kept in the Metropolis of Gjirokastër until shortly before the Italian bombardment of the city. In 1710 it held 12th place. including the Dioceses of Rogon. namely well beyond the end of his prelacy in the Diocese of Dryinoupolis and Gjirokastër (1760-1799)30. Ιn 1832 the Diocese of Dryinoupolis merges with the Diocese of Cheimarras and Delvinou to form one Diocese under the name26 „Δρυϊνουπόλεως καὶ Χειμάρρας’27. Prof. in whose proceedings its Bishop Eutychios took part18. Compiled upon the accession of Bishop Dositheos of Dryinoupolis and Gjirokastër29. but after its destruction the see of the diocese was transferred to the city Gjirokastër. among which N. In 1915. Nikolaos Veis. In 1940-1941. whilst dispatched to Gjirokastër as a judge by the Greek Ministry of Justice. the codex extends from 1760 to 1858. The publication of Poulitsas‟s summary of the codex in 193031 has hitherto become a standard reference work for the 18th-century history of Southern Albania and beyond. who.Patriarchate: a) the Metropolis of Naupaktos and Arta. the first synoptic record of the codex was compiled by Panagiotis Poulitsas. The Metropolis is also mentioned in the Notitiae of 1680 and 1690 but the known sources do not give its ordering. 1715 and 1759 as a Diocese of the Metropolis of Ioannina25. under the rule of Ali Pasha. was one of the twelve cities of Epirus Vetus20. in which the Codex of Dositheos was given the classification number 20. Aetou and Acheloou. In the 14th century the Metropolis was the 53rd in rank15. An independent Archdiocese of Pogoniane existed for some time directly under the Ecumenical Patriarchate12. Finally. Despite of it being used as a source by many amateur historians of the late 19th century. After the elevation of the Diocese of Ioannina to a Metropolis in 131814. Lambrides. the codex was transferred to Tirana and kept in the Archives of the State (founded in 1954). The Diocese of Dryinoupolis must have existed before the Third Ecumenical Synod (431). Mystakidis and I. In the present paper I shall communicate the first conclusions drawn from the complete study of the „Codex of Dositheos‟. Patriarch Gregory V raised it to 13th in rank17. as indicated in the relevant Notitae. with the blessing of His Beatitude the Archbishop Anastasios of Tirana and All Albania to engage myself into archival research and the kind assistance of the Archives General Director. in 1835 the Diocese of Dryinoupolis and Delvinë becomes a Metropolis28. The product of his studies was published in 1952 in the Bulletin of Medieval Archive in the form of a check list of codices kept in the Metropolis of Gjirokastër 32. 1710. In 1590 it rises to 6th place. never quoted their sources. In the post-Byzantine period it is mentioned in the Notitiae of 1615. Dryinoupolis and Cheimarra (Himarrë). in 1715 and 1731 32nd. an envoy of the Greek state to serve as a head of the „spiritual mobilization‟ at Southern Albania was engaged into historical and palaeographical research in Gjirokastër for three months. it is referred to in another Notitia dated between 1453 and the 16th century24. 1690. Because of the importance of Ioannina as the administrative. Buthrotou (Butrint). In May 2003. In the 11th century it is indicated as being eighth in the rank of Dioceses in the same Metropolis (ὁ Δρυϊνουπόλεως)22. Finally in 1808. lacking scientific methodology. 1678. according to Hierocles‟s Synecdemos. while in 1615 it falls back to 33rd. then back to 29th in 175916. The seat of the Diocese of Dryinoupolis was initially located in the city of Adrianoupolis19. incorporating the Dioceses of Vellas. financial and educational centre of Epiros. It is mentioned (ὁ Δρυϊνουπόλεως) in a Notitia dating from the 10th-11th century where it is said to hold the seventh bishopric rank of the Metropolis of Nikopolis21. whereas in a Notitia dated between 1453 and 1500 it had risen already to 33rd in rank.
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. firstly mentioned in 1338-923. the Diocese of Dryinoupolis was placed in its jurisdiction. its Metropolis rose in the ecclesiastical „order of precedence‟ 13 of the Ecumenical Patriarchate. 1680. Poulitsas was presented the codex by Metropolitan Basil (Papachristou) of Gjirokastër to study and copy it. thereby assuming the title Δρυϊνουπόλεως καὶ Ἀργυροκάστρου. Vonditses. and b) the Metropolis of Ioannina.

an overview of the issue of divorces in the regions of Gjirokastër between 1786 and 1858. while another containing documents was left without number (see note 29). The second deals with a sensitive matter of social history. 217-220 (not numbered in folios). 72v). guild agreements. These competences were granted directly by the sultan through bêrats. 92v). 25-30 (not numbered in folios). 241 (f. educational. but complete numbering system of 388 pages. 116 (f. 216 (f. 13 between pp. on the basis of the data recorded into the Codex. 53v). 154 (f. 155-156 (not numbered in folios). pastoral or administrative circulars. 92v). 340-341. 1 between pp. 1 between pp. 6r). The codex is currently prepared for publication in the original and in translation. 3 between pp. 380-381. At the present paper I shall limit myself to a couple of issues. 217220 (not numbered in folios). Written in Greek. in the Episcopal throne38. the official language of the Church at that period. in which various notes. The first written folio (f. yet. and beyond. 199 (f. The codex. 1r-v). while they bind themselves to prop up Dositheos. 84r). however. 109r). 101v-102r). 1 between pp. the Codex of Dositheos is not dissimilar to other bishopric codices. 8v). and 367-384 (not numbered in folios). bears an old. I came across this very codex. as many of the blank pages were not numbered. and duplicate copies of original documents were inserted. the acts recorded in the codex reflect the competences and privileges that Christian prelates enjoyed at least in issues of ecclesiastical administration and civil law. The Codex of Dositheos33 is preserved in good condition. marriage contracts. in general. They further ask him to reduce his claims by Dositheos for the latter‟s ordination to an absolute minimum39. Despite the extortive
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. 19-20 (not numbered in folios). 1 between pp. D. 238-239 (f. 2r) contains a note mentioning that the codex was compiled „in the days‟ of Bishop Dositheos. The first is related to the ecclesiastical history of the jurisdiction of Dryinoupolis and Gjirokastër. an archdeacon by then. 168-169. 112v). 158-159.) were copied35. The following pages have been left blank: 1-2 (f. limits of jurisdiction. 384385). acts confirming the repayment of debts. 102av)34. 158 (f. ecclesiastical affairs. testaments. Shaban Sinani.196 x 0. and copies of Patriarchal letters related to administrative matters of the dioceses (i. 103v). 11-13 (f. the region of Gjirokastër in specific. 216 (f. resolutions of legacy disputes. 188 (f. 326-327. 261-262 (not numbered in folios). In 1760 Bishop Metrophanes of Dryinoupolis and Gjirokastër resigned under the pressure of the excess debts he had contracted37. administrational and juridical aspects of Southern Albania. 1 between pp. 18 (f. 178-179. 2 between pp. 318-319. and to local customary persistence of a bishop‟s rights and competences36. 78v). acts of arbitration. 244 (f. social. 73v). It is.Dr. To that end. In 20 April 1760 the elders of Gjirokastër appeal to Metropolitan Gregorios of Ioannina requesting that he ordains Dositheos. A total of 28 folios were detached before the numbering of the pages with either system (1 between pp.e.285 m. self-evident that the complete publication of the Codex of Dositheos shall cast light to various religious. and the role of laymen in the accession of Bishop Dositheos in the Diocese of Drynoupolis. According to Chryssochoides. 159178 (not numbered in folios). 366 (f. 255-258 (not numbered in folios). economic. as the thematic variety of their contents is related to the degree of expansion of a bishop to the whole width of civil law on the assumption of competences. 139. 24 (f. 362-363. which had been previously thought to be lost. It is bound with a thick watercress paper and a leather cover bearing simple decorative patterns. It has 114 numbered folios. under the classification number F. in whose pages marriage permits and divorces. 1 between pp. 254 (f. while its dimensions are 0. 259 (f. 2 and I started the transcription of the codex. cultural. numbering is not regular. therefore. in particular. 316-317. In their letter the elders address in an extortive fashion to Metropolitan Gregorios threatening him that they would neither support nor accept anybody else. 162-163. 10v). 1 between pp. who granted me access to the related materials. etc. 108v). the designation of a universal typology of such codices is still impossible.

witnesses were cross-examined in conjunction with the expertise of specialists. Up to his promotion to the throne of the Metropolis of Ioannina in 1799. in one instance in 1839 [see Document Nr. All of these procedures resulted in the prolongation of time needed for the issuing of a divorce issued. as well as lay members of the Gjirokastër‟s nobility. a certain Krokidas. 7 and 8]. as many as seventy churches were built during his prelacy. 6. 16. juridical authorities [see Document 17]. Their analysis indicates that the issuing of divorces for the Christian subjects of the Ottoman Empire was within the competences of the ecclesiastical courts. 39 and 41]. Three days later the inhabitants address a warm thanking letter to Metropolitan Gregorios41. the archons of the village [Documents 22 and 27]. is taken into consideration45. and a school functioned in the city of Gjirokastër. The resolutions of the ecclesiastical courts on occasions of divorce were based chiefly upon the testimonies of witnesses. 34-41] the composition of the ecclesiastical court is unobvious due to the synoptic form of the documents in the codex. Dositheos had one among the longest tenures at office ever realized by a Bishop of this jurisdiction. as evidenced. This amount was intended only for the retired Bishop Metrophanes40. it consisted of the local metropolitan. many old churches were repaired 42. As an indication of capable ecclesiastical leadership and a result of increased donations by rich lay benefactors. The evidence of the codex related to the role of the noblemen of Gjirokastër into the accession of Dositheos into the throne of their Diocese constitute an interesting example of the role of laymen in decision-making on ecclesiastical matters. 28-29. 19] and in seven in 1850 [see Documents 24-30]. In only a few cases the testimony of the interested parties or their representatives was enough for a divorce to be issued [Documents 4. however. was not solely a resultant of the bureaucratic procedures of cross-examination of witnesses. or even the entire village [Documents 24-25. 31-32. 33. Metropolitan Gregorios responds rapidly. while in 13 instances [Documents 2. On the grounds of serious medical reasons. a one-off tax paid by Christians of an ecclesiastical jurisdiction upon the election of a new prelate in their Diocese. The coupling of an influential middle class in Gjirokastër with powerful members in the capital can be evidenced by their achievement to reduce the amount of their zitomiriye from 300 to 200 grosh (thanks to the intermediation of a certain Chatzi-Polyzos Chatzi-Kyritze to the brother of the patriarch Samuel II)44. such as doctors [see Documents 2. or a midwife [Document 11]. while divorces of Christians could also be issued by local Ottoman. Evidence from the ecclesiastical centre in the Ottoman capital convinces that this was a standard practice46. In most of the cases the testimony of the interested parties was reinforced by that of the relatives and a few others [Documents 2 and 19]. that by 1850s lay representation in ecclesiastical courts was much stronger than before. It is evident. It also reflected a policy of the church administration at least at
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. Testimonies were taken from both parties. The court in most of the cases consisted only of the local metropolitan. This prolongation. Dositheos did not disappoint the elders of Gjirokastër. In two occasions the testimony of an abbot was a catalyst for the issuing of a divorce [Abbot Anthimos in Document 31 and the abbot Cyril of Zonarion in Document 36]. by 40 recorded instances of divorces dated to between 1786 and 1858 [see Appendix 1 and Documents 1-38 and 40-41] and one instance of annulment of an engagement contract [Document 39]. The codex is an indispensable source for deep insights of social history in the region of Gjirokastër. 5. a procedure which was carefully checked by the Patriarchate: in a patriarchal letter addressed to the Metropolitan of Ioannina and dated 14 March 1839. 35. for example. the Patriarch commands that a divorce should not be issued before the testimony of the husband. 26 and 30]. however. therefore. well before the official concession of certain rights by the Patriarchate in the 19th century43.tone of the letter. On May 21st he ordains Dositheos in the seat of the Diocese of Dryinoupolis and Gjirokastër compelling local Christians to pay 500 grosh by way of neon philotimon.

35. the former ought not to issue a divorce49. 35. 5. 6. on the other hand. 18.a local level to gain time. therefore. 17. 9. 1851-1854. 38] and Constantinople [doc. 11. cases. therefore. 27]. in an effort to save the marriage and avoid the social consequences of a divorce. appears to be the immigration of the husband. 16. the daughter of Liondos Karas and. with the exception of documents in which a target place is not indicated [doc. in which the continuous wrangles of a couple eventually led to hatred. 9. a patriarchal letter dated 10 December 1823 orders the Bishop of Dryinoupolis and Gjirokastër to persuade the wife of a certain Telios. indicates that these delays were the result of a conscious effort of the Orthodox Church authorities to save the marriage. 17. but also to excommunicate the married first cousins. At two occasions the prolongation of time was necessary until an expertise is made. Upon occasion. in cases that a certain marriage resulted in an outright incest. It is. 15. In the second. 1841-1849. the 19 th c. 33. appearing in seven instances [doc. first. 19. especially when followed by negligence in sending back alimonies [doc. There are some indications that three of these vacuums might have emerged as a result of individual policies of local prelates47. 19-21. as in documents 2 and 11. in which the patriarch mediates to the Metropolitan of Ioannina directing him to compromise the contravening sides in the case of the niece of a certain priest-monk Chrysanthos from VellaPogoniani (Ioannina region)52. 1818-1830. With the exception of the 18th century instance. after which period a midwife was hired to check whether she remained a maiden. an inhabitant of the village Qestorat (Gjirokastër region). mostly Greece after the recognition of an independent Greek state in 1830 [doc. a similar disposition of avoiding separations can also be evidenced in the case of engagements. as evidenced in a number of documents [Documents 2. 6. 39]. 20. dated 5 June 1824. 12 and 25] The most important reason for issuing a divorce. 13. 22. examined in the supreme ecclesiastical court in Constantinople. the patriarchate did not hesitate not only to dissolve an unlawful marriage. In the most remarkable instance [Document 22]. 18. the husband was accused of impotence and was given a two-month notice "in case he manages to have sexual intercourse with her". 29. However. the local prelate gave an entire three-year notice before issuing a divorce! Even though such delays could partly be attributed to the choices of local ecclesiastical authorities. 12. as shown in another patriarchal letter dated 5 November 1840. 38. 1856-1857. the patriarch informs the Bishop of the same region that Staures Chrestou comes to Stegopul to meet his wife. and 30]. Basil Spyrou and Georgoula from Pontzikon (Ioannina region). 23. Romania [doc. 1832-1834. 39]. and inflict a suspension against the priest who conducted the marriage ceremony51. uninterrupted wrangles within the couple. In the first. 28. 1]. The course of divorce issuing in the Codex of Dositheos presents noteworthy vacuums in the years 1787-1805. before issuing the divorce. but rather reproach Anastasios Zoes and Stamato Tole from Zagoriani (Ioannina region) and oblige them to undertake benevolent action and have their names commemorated in services50. the Metropolitan of Dryinoupolis and Gjirokastër gave them an eight-month notice in hope that they conciliate. 22. Maria. 25]. evidence from similar instances from the regions of Epiros and Albania. and to a lesser extent
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. the desire of the Ecumenical Patriarchate to save a marriage prevailed upon the strict application of ecclesiastical canons dealing with marriage prerequisites: in 8 January 1826 the patriarch responded to a letter of the Metropolitan of Ioannina directing him not to issue a divorce for a fifth-grade kin marriage. 33. evident that divorces were issued upon very serious reasons. Finally. 10. and second occasions of slander and unfaithfulness [doc. 28. In another case a longer period of notice was given: in document 12 a certain Haido was blamed for slandering her husband in public in the village of Haskovë and in other surrounding villages. 1. in which the target immigration place was Iash. 6. 21. to go to Constantinople and live together with her husband who held a governmental post there48. 19. 25. in the latter case. The two least frequent reasons for a divorce are. 1807-1816. 23. 5. show other destinations.

that made the wife non-attractive. 20-23. 38]. her being married notwithstanding. The most „piquant‟ medical reason was impotence [doc. in another case [doc. 26. the husband was obliged by the ecclesiastical courts to return the bride‟s dowry. however. such as in
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. 14. while in others it was intended to pay back her family for various expenditures made for her. The Patriarchate was closely interested in the application of this obligation. 16] and Bulgaria [doc. the aforementioned case of Telios from Qestorat and his wife53 is a good indicator of the relevant ecclesiastical laws and practices. In contrast. something which may partly explain the remarkable differences in its rate from instance to instance. with the exception of adultery [doc. 14. while the long distance and the young age of the wife are brought forward as additional reasons for issuing a divorce [i. Patriarch Anthimos IV in his first patriarchal prelacy wrote to the Metropolitan of Dryinoupolis and Gjirokastër in 18 November 1840 asking him to oblige a certain Anastasios Tzane from Doxates (Gjirokastër region) return his wife‟s dowry and pay the divorce penalty adjudicated to her by the local Metropolitan ecclesiastical court56. In some of these documents the penalty was justified as a compensation for the missing or consumed items of the wife‟s dowry [doc. Divorce settlements were decided on the basis of a combination of responsibility and local customary law. 7-15. According to the formulation of the documents. 24. 1.Macedonia [doc. she had to conduct a nun‟s life for a long period. while her husband had migrated in Greece without returning for no less than 30 years. It is therefore evident that. 10]. It is likely that there is no uniformity in the reasoning of the levy of such a penalty.e. however. 10 and 14]. the issuing of a divorce on medical grounds must have been a common place throughout the Ottoman Empire. compensation was not levied from the husband [doc. whose natural resources cannot suffice for maintaining a large population. 2. 30. a phenomenon that more often than not emerges in regions like Gjirokastër. In the latter instance. 2. 4] and thyroid [doc. reason on whose grounds the Patriarchate also issued divorces. 18. Gk. 17. 26. 17. 3. 30]. all dated January 1793 and addressed to the Metropolitan of Ioannina. such as leprosy [doc. „nun‟) is perhaps denoting a soubriquet given to her because. In the most striking instances [doc. 7. as can be shown in a number of documents [doc. In the region of Gjirokastër we have eleven instances of medical problems that made the continuation of a marriage impossible [doc. 24. 7. 21-23. illnesses that are no longer a threat for human health became the determinant for a divorce. 5. 21]. 2. These instances show unequivocally the painful cost of the immigration. it seems that no grounds of divorce were substantiated if alimony was sent during the husband‟s immigration abroad. 12-15. and 41]. 5. 26]. 5. but also pay a penalty for the divorce. 18. thereby allowing for a divorce to be issued. a certain Kalograia was given a divorce in 20 May 1858. he was not only obliged to return his wife‟s dowry. in which the wife‟s part was judged guilty. 27. In other cases. In two instances in which the husband was reluctant to return the wife‟s dowry. 10. 39] an engagement was dissolved for the groom being absent for ten years. and 41] it is impossible to determine what the actual illnesses that led to a divorce. 3] and sight problems that prevented the husband from working [doc. In other cases [doc. 11. The separation of the couple due to long-temrn husband immigration also appears to be a reason for a divorce in the correspondence of the centre with the provinces: in the local setting. the Church centre took specific measures. 11. because he had neither returned his ex wife‟s dowry nor paid a divorce penalty55. formulations in such documents refer to it as „incapability to perform conjugal obligations‟. doc. 2. her name (Kalograia. The relevant formulations in the documents do not allow drawing safe and uniform conclusions on the nature of this penalty. 4 and 10]. 27. 30]. Last but not least. 26. 29]. In the majority of the cases [doc. 1. as evidenced in the instance of Andreas Chatzegeorgiou from Metsovo54. in a patriarchal letter following two other letters on the same issue. George Sougdoures was excommunicated. 25]. 7-10. 30]. In all cases [doc. 9]. some of these illnesses are said to have been hidden before marriage [doc. in case that the husband‟s part was found guilty. 2-4. First.

however. 2] 50-grosh alimony for eleven months was provisioned as a contribution of the husband for expenses probably for the wife‟s medical treatment.doc. there are clear indications that the levy of a divorce penalty was a local custom. Be this as it may. the divorce of Anastasios Tzane from Doxates (Gjirokastër region) from his wife Helen Gjika60. 17]. and in particular. cultural. according to the local custom". in order to compensate expenses of the wife made while her husband was abroad in immigration [doc. it seems that a divorce was more of an issue in the province of Gjirokastër than the city itself. administrational and juridical history. that the rate of the penalty was decided taking in silent condition the existence of children. Yet. in a letter of Patriarch Anthimos VI addressed to the Metropolitan Averkios of Arta and dated 10 June 1846. in general. economic. bringing forward two case studies: the first related to the involvement of laymen in local Church politics. social. In one interesting case [doc. daughter of Telios Notou from Qestorat [doc. to provide a hint of its specific values in a local context and beyond. where expenses were made for medical reasons. This can be evidenced locally in the case of the divorce of a certain Anastasios Tzolakes from Nagopul (Saraqinishtë) from his wife Helen. while 16 by women. the supreme ecclesiastical court requires more details on this local custom. in which cases the Patriarchate addressed letters commanding them to abstain from favouritism57. 22 divorce suits were brought forward by men. in two other instances the Patriarchate mentions the locality of the custom: the first is the case of Constantine Athanasiou‟s divorce from the daughter of Tzitzo Bita in the region of Gjirokastër59 and the second.
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. makes any mention of children in the family: it is highly likely. but also that local customary law was taken into consideration even in courts outside the region of that law‟s force. The Patriarchate seemed not to ignore this custom as evidenced in three cases selected from the local Epirote-Albanian provinces. in order to judge the case of the divorce of a certain Demetrios Despotopoulos from the daughter of George Poros58. Lastly. 14. In other cases the penalty was imposed. and the second associated with the instances of divorce at the level of the ecclesiastical province and centre. educational. It is possible that because of the penalties some prelates attempted to intervene in favour of one or the other side. In the present paper I attempted to present the „Codex of Dositheos‟ in the framework of the contents of diocesan codices and their importance as documents of religious. No document. while there is no discrimination on the grounds of gender. To conclude. in which the divorce penalty is called "money [levied] on the grounds of the divorce. This indicates not only the geographical extent of this custom. 17]. though. which covers all regions of Epiros and Albania.